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(영문) 광주지방법원 2013.10.18 2012가단64166

양수금

Text

1. The Defendant: (a) KRW 18,456,200 for the Plaintiff and 5% per annum from July 8, 2011 to October 18, 2013; and (b) the Plaintiff.

Reasons

1. Basic facts

A. On November 26, 2010, Nonparty 1 and Nonparty 2 (hereinafter “the Nonparty 2”) concluded a construction contract (hereinafter “instant construction contract”) with the Defendant for the construction of the Hanjin-gun, Gangnam-gun, as shown in the attached Table 1 List 3 (hereinafter “instant Han-gun”) on the ground of Hanjin-gun, Gangnam-gun, and entered into the construction contract as follows.

[Contents Regarding the instant construction contract] Construction cost: 132,00,000 won (30 square meters x 4,400,000 won): The construction period shall be completed within 70 days after the commencement of the construction.

The terms and conditions of payment of the price: The construction price shall be paid within seven days after the completion of the construction project and before the occupancy.

Compensation for delay: Where the non-party company fails to complete the construction within the agreed construction period, the amount equivalent to 1/1,000 of the construction amount shall be paid to the defendant each day from the date following the date of completion of the agreement until the completion

B. On December 1, 2010, the Plaintiff was delegated by the Nonparty Company with all authority to perform the instant construction work under the instant construction contract, and performed the instant construction work for the hanok from December 1, 2010. At the Defendant’s request, the Plaintiff extended the part of the instant hanok, as shown in the attached table 2, (2) of the instant hanok as well as the lower part (200 square meters, size 3.43 square meters) of the instant hanok.

C. On December 4, 2010, Nonparty Company remitted KRW 10,000,00 to the Defendant.

On June 30, 2011, the Defendant occupied the instant hanok as completed.

E. On March 30, 2012, the Defendant paid the non-party company KRW 115,000,000,000 as the construction cost for the instant new construction work, and the Plaintiff agreed to pay KRW 6,00,000, out of the construction cost that the Defendant and the Defendant paid to the non-party company to the non-party company, directly to D, who is a letter of the instant new construction work.

F. The Plaintiff did not perform indoors, etc. equivalent to KRW 600,000, which agreed to perform the new construction of hanok, while performing the construction of hanok, and the Nonparty Company and the Plaintiff did not perform the construction of hanok.